In The News

Berger Kahn Attorneys Help Clarify Obligations Between GL and Workers’ Comp Insurers in Published Appellate Decision

(filed under: In The News | May 1, 2023)


David Ezra and a team of other Berger Kahn attorneys (including Walker Macon, Tyler Angelini, and Miles Dawson) recently were on the winning side of a published appellate decision.  Representing the American Property Casualty Insurance Association, the Berger Kahn team filed an appellate brief as Amicus Curiae on behalf of a workers’ compensation insurer that had lost in the trial court.  Berger Kahn’s amicus brief urged the appellate court to reverse the trial court ruling that had forced a workers’ compensation insurer to contribute toward defense and settlement of a civil lawsuit.

Justice Goethal’s opinion in Cal. Capital Ins. Co. v. Employers Compensation Ins. Co., 89 Cal. App. 5th 638 (4th Dist., Div. 3, 2023) reversing the trial court emphasized that even if the injured person “was potentially acting in the course and scope of his employment at the time of the accident, there is no theory whereby the [civil] lawsuit could fall within [the workers’ compensation insurer’s] coverage, and thus there was no duty to defend by [the workers’ compensation insurer].”

David Ezra has handled many writ and appeal matters over the years.  His published decisions include:

Hayward v. Superior Court, 2 Cal. App. 5th 10 (2016)

Underwriters of Interest v. ProBuilders Specialty Ins. Co., 241 Cal. App. 4th 721 (2015)

Padilla Const. Co., Inc. v. Transportation Ins. Co., 150 Cal. App. 4th 984 (2007)

Lomes v. Hartford Financial Services Group, 88 Cal. App. 4th 127 (2001)

Continental Cas. Co. v. Superior Court (Paragon), 92 Cal. App. 4th 430 (2001)