Industrial Indemnity Co. v. Industrial Accident Commission

This is a proceeding to review an award of the respondent commission purporting to reform, and enforce as reformed, a workmen’s compensation insurance policy issued by petitioner to respondent E. W. Simpson as of July 1,1958, so as to make petitioner liable for an award in favor of respondent Wayne Endicott, an employee of Simpson, who suffered industrial injury July 11, 1958. Petitioner challenges the sufficiency of the evidence to sustain the reformation, which consisted in a determination that Endicott was covered by the policy.

The evidence presents little, if any, conflict upon the issue as to coverage. That policy contained a clause excluding from coverage any relative of the employer or the employer’s spouse unless named in the policy as not excluded. Endicott was Simpson’s brother-in-law, being a brother of Simpson’s wife and his name did not appear. Petitioner had for many years been Simpson’s insurer against liability for workmen’s compensation. The first policy referred to in the record was issued in 1947 and contained, as did all the succeeding policies, a standard provision excluding relatives unless specifically named in the policy. The policies were renewed year by…