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POWER FABRICATING, INC. v. STATE COMP. INS. FUND

No. G039635.

167 Cal.App.4th 1446 (2008)

POWER FABRICATING, INC., Plaintiff and Appellant, v. STATE COMPENSATION INSURANCE FUND, Defendant and Respondent.

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

September 30, 2008.

Attorney(s) appearing for the Case

Malek & Malek, Sandra L. Malek and Jeffrey L. Malek for Plaintiff and Appellant.

Robert W. Daneri, Judith D. Sapper, Teigh Taurino and Linda S. Platisha for Defendant and Respondent.

OPINION

ARONSON, J.—

State Compensation Insurance Fund (State Fund) obtained summary judgment in an action filed by plaintiff Power Fabricating, Inc. (Power), which sought declaratory relief and damages arising from State Fund's failure to defend it in a separate action against Power brought by the widow of a worker who died in an industrial accident. Power contends it presented a triable issue of fact on whether the decedent was employed...

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