State Compensation Insurance Fund v. Industrial Accident Commission

This matter comes before us upon a writ to review the award of the Industrial Accident Commission requiring petitioner to pay compensation to respondent Thomas S. Black.

No dispute arises over the right of Black to receive compensation’ for injuries suffered by him; the controversy is narrowed down to a question of whether the respondent San Francisco Typographical Union No. 21, the employer, should be held liable, or whether it was insured against such liability by the petitioner, as insurance carrier.

There is no conflict in the evidence about the facts. Thomas S. Black was the vice-president of the San Francisco Typographical Union. As such officer he had few active duties to perform. The policy of insurance upon which the award of the Industrial Accident Commission is predicated contains a statement of “Risks not -Covered,” including among such risks the following: “If the insured be a corporation, any work or duties performed by any person having the title of (see indorsement attached) or a combination of any such titles with or without other titles.” The “indorsement attached,” which elucidates the foregoing, is as follows: “Anything in this policy to the contrary…