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GENERAL REINSURANCE CORP. v. ST. JUDE HOSP.

No. G029719.

132 Cal.Rptr.2d 540 (2003)

107 Cal.App.4th 1097

GENERAL REINSURANCE CORPORATION et al. Plaintiffs and Respondents, v. ST. JUDE HOSPITAL, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

March 26, 2003.

Attorney(s) appearing for the Case

Roxborough, Pomerance & Nye, Nicholas P. Roxborough, Drew E. Pomerance and Daniel J. Yourist, Los Angeles, for Defendant and Appellant.

Barbanel, Treuer & Dantzler, Barbanel & Treuer, Alan H. Barbanel, Stephen D. Treuer and Stephen V. Kovarik, Los Angeles, for Plaintiffs and Respondents.

OPINION

O'LEARY, J.

In this case an injured employee obtained a 10 percent increase in her workers' compensation award under Labor Code section 58141 because her self-insured employer unreasonably delayed or refused payment of benefits. The employer's excess insurance carrier obtained a judgment declaring it was not required to reimburse the employer for the 10 percent increase because the policy excluded indemnification for...

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