Alfred Lee (Deceased) Valerie L. Lee (Widow)

Valerie Lee, widow of car salesman/finance manager Alfred Lee, filed a cumulative trauma death claim alleging her husband's cardiovascular/cerebral vascular injury hastened his death on June 11, 2000. The decedent worked for multiple employers during the one-year exposure period, including Miracle Ford (insured by insolvent HIH, now administered by CIGA) and West Covina Toyota (insured by solvent Zurich). The WCJ allowed applicant to elect against CIGA and submitted the matter for decision. CIGA sought removal, arguing that because a solvent carrier (Zurich) was potentially on the risk during the cumulative trauma period, there was 'other insurance available' and thus no 'covered claim' under Insurance Code section 1063.1(c)(9). The Board granted removal, rescinded the WCJ's order allowing election against CIGA, holding that an applicant may not elect against CIGA when there are other viable carriers with potential liability during the exposure period, but declined to dismiss CIGA as premature.