STATE COMP. INS. FUND v. SUPERIOR COURT

No. S082133.

103 Cal.Rptr.2d 662 (2001)

24 Cal.4th 930

16 P.3d 85

STATE COMPENSATION INSURANCE FUND, Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; Schaefer Ambulance Service, Inc., et al., Real Parties in Interest.

Supreme Court of California.

Rehearing Denied March 21, 2001.


Attorney(s) appearing for the Case

Richard A. Krimen, Charles W. Savage, San Francisco, Jody A. Hale; Sonnenschein Nath & Rosenthal, Paul E.B. Glad, Cheryl Dyer Berg, Sean McEneaney, San Francisco, Jennifer Bunshoft; Sheppard, Mullin, Richter & Hampton, Pierce T. Selwood, Fred R. Puglisi, Los Angeles, Finley L. Taylor, Costa Mesa, and Justine M. Casey, for Petitioner.

Laughlin, Falbo, Levy & Moresi and Andre Hassid for California Workers' Compensation Institute as Amicus Curiae on behalf of Petitioner.

McCutchen, Doyle, Brown & Enersen, Robert A. Lewis and Lisa B. Goldberg, San Francisco, for California Indemnity Insurance Company as Amicus Curiae on behalf of Petitioner.

Fred L. Main for California Chamber of Commerce as Amicus Curiae on behalf of Petitioner.

Law Offices of Heywood G. Friedman, Heywood G. Friedman, Westlake Village, and Robert Kum for Superior National Insurance Group as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Shernoff, Bidart, Darras & Dillon, William M. Shernoff, Michael J. Bidart, Los Angeles; Roxborough, Pomerance, Gallegos & Nye, Nicholas P. Roxborough, Drew E. Pomerance, Esteban G. Gallegos and Michael B. Adreani, Los Angeles for Real Parties in Interest.

Law Offices of Barry L. Kramer and Barry L. Kramer, Los Angeles, as Amici Curiae on behalf of Real Parties in Interest.

Law Offices of Arthur J. Levine and Arthur J. Levine, Fullerton, as Amici Curiae on behalf of Real Parties in Interest.


BROWN, J.

The issue in this case is whether a workers' compensation insurer is immune from civil liability under Insurance Code 1 section 11758 for allegedly misallocating an insured employer's expenses and reporting that misinformation to a ratemaking organization, resulting in higher premiums for its insured. The trial court denied petitioner State Compensation Insurance Fund's (SCIF) motion for judgment on the pleadings, and the Court...

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