EMPLOYERS MUTUAL LIABILITY INS. v. TUTOR-SALIBA CORP.

Docket No. S058283.

17 Cal.4th 632 (1998)

EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Plaintiff and Respondent, v. TUTOR-SALIBA CORPORATION, Defendant and Appellant.

Supreme Court of California.

March 2, 1998.


Attorney(s) appearing for the Case

COUNSEL

Millard, Pilchowski, Holweger & Child, Jeniffer Wilder and Bradford T. Child for Defendant and Appellant.

Robert T. Moulton for Plaintiff and Respondent.


OPINION

BROWN, J.

A subcontractor's workers' compensation insurance carrier brought an action against the general contractor to recover compensation benefits paid to the subcontractor's employee. The issue in this case is whether an express provision for attorney fees in the contract between the general contractor and the subcontractor (the injured worker's employer) applies to permit recovery of fees in the action between the insurance...

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