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Minas Gharakhanian — ADJ8706846

MINAS GHARAKHANIAN, Applicant vs. COOL AIR SUPPLY; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for ULICO CASUALTY COMPANY in liquidation; ZURICH AMERICAN INSURANCE COMPANY, Defendants

ADJ number
ADJ8706846
Decision date
May 17, 2022
District office
Van Nuys
WCJ
—
Claim administrator
California Insurance Guarantee Association (CIGA) for Ullico Casualty Company in liquidation
Commissioners
—
LC §3600LC §3700CCR §2264

Summary

Applicant Minas Gharakhanian was injured in Fullerton on May 14, 2012, while employed by Cool Air Supply, which had two workers' compensation policies in effect that date: one with Ullico Casualty Company (now in liquidation, administered by CIGA) and one with Zurich American Insurance Company. The arbitrator found Zurich's policy was a 'wrap up' policy limited to a specific construction project (Citrus Continuation High School) and therefore did not cover the Fullerton injury. CIGA sought reconsideration, arguing Zurich produced no direct evidence of site-specific coverage. The Appeals Board rescinded the arbitrator's Findings and Order, holding that because the Zurich policy contained no approved limiting and restricting endorsement, it covered all Cool Air Supply employees and was not site-specific. As a result, the Zurich policy constituted 'other insurance,' and remaining issues were deferred to the arbitrator.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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