Legal Opinion

State Compensation Insurance Fund v. Superior Court

California Court of Appeal

Decided October 7, 1965No. Civ. 11170PublishedCited by 18 opinions

1Opinion of the CourtPierce, P. J.

The issue we decide on this petition for a writ of prohibition is whether in California an employee injured in the course of his employment can maintain a common law cause of action in the superior court for negligence against his employer’s compensation insurer where the alleged negligence of the insurer is a failure to fulfill the insurer’s commitments with the employer regarding safety inspections of the latter’s plant.

Victor E. Breeeda, a real party in interest, brought an action in the Superior Court of Siskiyou County framing the issue substantially as stated above. Petitioner, State…

2Cases cited15 opinions

  1. Nelson v. Union Wire Rope Corp.Illinois Supreme Court · 1964
  2. Duprey v. ShaneCalifornia Supreme Court · 1952
  3. Scott v. Industrial Accident CommissionCalifornia Supreme Court · 1956
  4. Fabricius v. Montgomery Elevator CompanySupreme Court of Iowa · 1963
  5. Tide Water Associated Oil Co. v. Superior CourtCalifornia Supreme Court · 1955

10 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Unruh v. Truck Insurance ExchangeCalifornia Supreme Court · 1972
  2. Kifer v. Liberty Mutual InsuranceCourt of Appeals for the Eighth Circuit · 1985
  3. Douglas v. E. & J. GALLO WINERYCalifornia Court of Appeal · 1977
  4. Brown v. Travelers InsuranceSupreme Court of Pennsylvania · 1969
  5. Williams v. State Compensation Insurance FundCalifornia Court of Appeal · 1975

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