Jocelyn A Asuncion — ADJ11935974

Two domestic employees (a married couple) died in a March 30, 2018 accident while transporting their homeowner/employer Heather Dawn Petersen's work vehicle from her Temecula residence to her Truckee residence. State Farm insured the Temecula home and provided valid workers' compensation coverage; Certain Underwriters at Lloyd's of London insured the Truckee home with a personal liability policy that lacked a workers' compensation endorsement. After settling the dependency claims, State Farm sought contribution/reimbursement from Underwriters. The WCA found that although the Underwriters policy would be construed as containing workers' compensation coverage under Insurance Code section 11590, that coverage did not apply because State Farm had existing, valid, and collectible workers' compensation insurance. The Appeals Board denied State Farm's Petition for Reconsideration, holding that under the plain language of Insurance Code section 11590, liability falls solely on the carrier with existing valid and collectible coverage, and equitable contribution does not apply.