CHARLES J. VACANTI v. STATE COMP. INS. FUND

No. S071945.

102 Cal.Rptr.2d 562 (2001)

24 Cal.4th 800

14 P.3d 234

CHARLES J. VACANTI, M.D., INC., et al., Plaintiffs and Appellants, v. STATE COMPENSATION INSURANCE FUND et al., Defendants and Respondents.

Supreme Court of California.

January 4, 2001.


Attorney(s) appearing for the Case

Howrey & Simon, Howrey Simon Arnold & White, John E. McDermott, Philip G. Grant and Keri R. Curtis, Los Angeles, for Plaintiffs and Appellants.

Catherine I. Hanson, San Francisco, and Aynah V. Askansas, for California Medical Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

David Bryan Leonard, Los Angeles, for California Society of Industrial Medicine and Surgery, Inc., as Amicus Curiae on behalf of Plaintiffs and Appellants.

Paul R. Gant, Sacramento, for California Applicants' Attorneys Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Kroll & Tract, Kroll, Rubin & Fiorella, Woolls & Peer, Paul Woolls and Gregory B. Scher, Los Angeles, for Defendants and Respondents Fremont Compensation Insurance Company, Fremont Pacific Insurance Company, Fremont Indemnity Company, Pacific Compensation Insurance Company, Beaver Insurance Company and Unicare Insurance Company.

Hancock, Rothert & Bunshoft, Ray L. Wong, San Francisco, and Vipal J. Patel, Los Angeles, for Defendant and Respondent Republic Indemnity Company of America,

Richard A. Krimen, Charles W. Savage, San Francisco; Sheppard, Mullin, Richter & Hampton, Pierce T. Selwood and Frank Falzetta, Los Angeles, for Defendant and Respondent State Compensation Insurance Fund.

Heggeness & Sweet and Clifford D. Sweet III, San Diego, for Defendant and Respondent Superior National Insurance Company.

Barger & Wolen and Martin E. Rosen, Los Angeles, for Defendant and Respondent Pacific Rim Assurance Company.

Kern and Wooley, Susan T. Olson and Randy L. Rezen, Los Angeles, for Defendants and Respondents Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company and Liberty Insurance Corporation.

Manatt, Phelps & Phillips and Marc P. Goodman, for Defendant and Respondent Unicare Insurance Company.

Ku, Fong, Larsen & Chen, Milam & Larsen, Paul A. Larsen and Jeffrey Milam, for Defendants and Respondents California Indemnity Insurance Company, California Casualty Management Company, California Casualty Indemnity Exchange, California Casualty Insurance Company, California Casualty General Insurance Company and California Casualty & Fire Insurance Company.

Rossbacher & Associates, Henry H. Rossbacher and James S. Cahill, Los Angeles, for Defendant and Respondent Continental Casualty Company.

Wildman, Harrold, Allen & Dixon, Michael L. McCluggage, Michael R. Blankshain, Douglas R. Carlson, Chicago, IL, and Kelly L. Murray, for Defendants and Respondents American Manufacturers Mutual Insurance Company, American Motorists Insurance Company, American Protection Insurance Company, Lumbermens Mutual Casualty Company, Continental Casualty Company, CNA Casualty of California, Valley Forge Insurance Company, Transcontinental Insurance Company and Transportation Insurance Company.

Burns, Ammirato, Palumbo, Milam & Baronian, Jeffrey Milam, Pasadena; Lewis, D'Amato, Brisbois & Bisgaard and Joseph K. Hegedus, Los Angeles, for Defendant and Respondent California Indemnity Insurance Company.

Charton, Vermes & Rovenger, Lloyd A. Charton, Santa Ana; Benjamin, Lugosi & Benjamin and Antoinette S. Waller, for Defendant and Respondent California Compensation Insurance Company.

John M. Rea, Anthony Mischel, San Francisco, and Stella L. Owens-Murrell, Los Angeles, for the Department of Industrial Relations of the State of California as Amicus Curiae on behalf of Defendants and Respondents.

Finnegan, Marks & Hampton, Michael A. Marks and Ellen Sims Langille, San Francisco, for California Workers' Compensation Institute, American Insurance Association and Association of California Insurance Companies as Amici Curiae on behalf of Defendants and Respondents.

Kegel, Tobin & Truce, Encino, Theodore C. Hanf and Robert R. Wills, for Californians for Compensation Reform, California Chamber of Commerce, California Manufacturers Association, California Self-Insureds Association, California Small Business Association, California State Association of Counties, California Grocers Association, California Sheet Metal and Air Conditioning National Association, Western Growers Association, National Council of Self-Insurers, Employers Group, American Stores, Inc., American Freightways, Longs Drug Stores, Inc., and Coast Foundry and Manufacturing Company as Amici Curiae on behalf of Defendants and Respondents.


BROWN, J.

This case contains a new twist on the seemingly endless litigation over the scope of workers' compensation exclusivity. Unlike the typical case where an employee wishes to sue his or her employer or workers' compensation insurance carrier, this case involves a group of medical providers that wish to sue a group of workers' compensation insurers. In their novel complaint, the medical providers allege the insurers conspired to put them out of business by intentionally...

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