Zurich General Accident & Liability Insurance v. Division of Industrial Accidents & Safety

Benjamin H. Caverly filed with respondent Division of Industrial Accidents and Safety an application for an award of compensation for injuries arising out of and occurring in the course of his employment. He named as defendants, Arthur White, West Coast Mortgage and Investment Company and Zurich General Accident and Liability Insurance Co., Ltd. In making its award the Division found that the injury was received while Caverly was employed as a mechanic by “Arthur White, doing business as White Garage,” as his ostensible employer and as agent for West Coast Mortgage and Investment Co., a corporation, an undisputed principal; that at that time the Zurich Company was the insurance carrier for “Arthur White, doing business as White Garage. ’ ’ . The Division made its award against the insurance carrier, and the West Coast Mortgage and Investment Co.; and discharged “Arthur White, doing business as White Garage,” from liability. The Zurich Company petitions for the writ of review.

Petitioner had issued a policy of insurance to “Arthur White, doing business as the White Garage.” Petitioner contends that the Division exceeded its jurisdiction in this: that there is no evidence to…