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FIREMAN'S FUND INS. CO. v. WORKERS' COMP. APPEALS BD.

No. C062019.

181 Cal.App.4th 752 (2010)

104 Cal. Rptr. 3d 641

FIREMAN'S FUND INSURANCE COMPANY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION et al., Respondents.

Court of Appeals of California, Third District.

January 29, 2010.

Attorney(s) appearing for the Case

Cuneo, Black, Ward & Missler and Richard A. Weyuker for Petitioner.

Guilford Steiner Sarvas & Carbonara, Richard E. Guilford; Hanna, Brophy, MacLean, McAleer & Jensen and Frank W. Lem for Respondent California Insurance Guarantee Association.

No appearance for Respondent Workers' Compensation Appeals Board.

No appearance for Respondent Darla Allen.

OPINION

CANTIL-SAKAUYE, J.—

Can a stipulation, entered into in 2001, that resolved an unsettled legal issue between the two entities be set aside seven years later after the legal issue has been addressed by the appellate courts?

In 2001, the California Insurance Guarantee Association (CIGA) entered into a stipulation with Fireman's Fund Insurance Company (FFIC) in which it agreed to be liable for 50 percent of an injured employee...

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