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HUGHES v. ARGONAUT INS. CO.

No. A090292.

105 Cal.Rptr.2d 877 (2001)

88 Cal.App.4th 517

Michelle HUGHES, Plaintiff and Appellant, v. ARGONAUT INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

April 16, 2001.

Attorney(s) appearing for the Case

Charles Schwartz, Russell Davis, for appellant.

Sonnenschein, Nath & Rosenthal, John Leland Williams, San Francisco, Virginia Young, for respondent.

Crosby, Heafey, Roach & May, Joseph P. Mascovich, Kenneth M. Seeger, Oakland, Adam R. Salvas, for National Association of Independent Insurers as amicus curiae on behalf of respondent.

REARDON, Acting P.J.

The doctrine of workers' compensation exclusivity is a frequent subject of judicial tweaking. Like the law of search and seizure, the variety of fact patterns seems neverending, and each variation presents yet another opportunity for judicial review. This time we examine whether a claimant may sue her employer's insurance carrier in superior court for what amounts to the insurer's purported mishandling of its lien on the claimant's settlement...

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