[Download] "De Campos V. State Compensation Insurance Fund" by Third Appellate District District Court Of Appeal Of California * Book PDF Kindle ePub Free
eBook details
- Title: De Campos V. State Compensation Insurance Fund
- Author : Third Appellate District District Court Of Appeal Of California
- Release Date : January 19, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
This is an appeal by defendant from an order denying its motion for a change of venue from Placer County to the city and county of San Francisco. Plaintiffs' complaint alleges as follows: Plaintiffs are engaged in mining in Placer County. Defendant is "a political subdivision of the State of California" carrying on a workmen's compensation insurance business, insuring employers against liability under the Workmen's Compensation and Safety Act. About December 26, 1940, defendant issued to plaintiffs a workmen's compensation insurance policy, copy of which is made a part of the complaint. On or about July 15, 1941, and while said policy was in effect, one William Ralph Payne, an employee of plaintiffs, who was covered by the aforesaid policy, sustained injuries arising out of and in the course of his employment, which caused his death. Payne left surviving him a wife and four minor children, in whose behalf a proceeding was commenced before the Industrial Accident Commission for collection of a death benefit. Defendant, though given due notice, refused to defend on behalf of plaintiffs, whereupon plaintiffs employed counsel to defend them. Subsequently an award in favor of the Payne widow and children was made by the Industrial Accident Commission, but it held that the policy issued by the fund excluded coverage with respect to Payne, and dismissed the fund from liability. Thereafter the decision of the commission was reviewed on appeal and the portion of said decision dismissing the fund was reversed and the cause was remanded with orders to enter an award in accordance with the decision of the court. Thereafter petitions for rehearing and for hearing in the Supreme Court were denied, and eventually the commission amended its findings in conformity with the appellate court's decision. Said policy provided that the fund would defend in behalf of plaintiffs any claims or suits against them, such as was the Payne proceeding, and pay all costs of such defense, but failed to do so. Plaintiffs further alleged that by reason of defendant's refusal and failure to represent them in said matter they had been compelled to pay for attorney's fees, costs and other expenses the amount sued for, for which they demanded judgment against defendant fund; that the contractual obligation of defendant to plaintiffs "arose at and in the county of