United States Ninth Circuit

In a dispute over a workers' compensation insurance policy following a refinery fire, summary judgment and costs awarded to defendant are affirmed where: 1) an employer has the authority to waive a compensation carrier's right to a credit under California Labor Code section 3600(b) for amounts the employer pays in civil damages to employees who also assert workers' compensation claims; and 2) the employer's waiver of section 3600(b) credits in civil suit settlement did not breach the unambiguous workers' compensation insurance policy.

Appellate Information

• Argued 06/11/2008
• Decided 10/20/2008
• Published 10/20/2008

Judges

• TASHIMA, Circuit Judge:, Before:  A. WALLACE TASHIMA and SUSAN P. GRABER, Circuit Judges, and ROBERT J. TIMLIN, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David C. Capell, Gordon & Rees, San Francisco, CA, for the plaintiff-appellant.


• For Appellees:
  
• James L. Day, Latham & Watkins, San Francisco, CA, for the defendant-appellee.