Imperial Irrigation District v. Chubb/Pacific Indemnity Group

Imperial Irrigation District (District) filed this action against Chubb/Pacific Indemnity Group (Pacific) to recover damages it was obliged to pay the heirs of Pedro L. Leal under an order of the Workers’ Compensation Appeals Board (Board) for compensation awarded for “serious and willful misconduct.” The trial court found for the District and entered judgment for $9,333.39. Pacific appeals.

No issue is made as to the propriety of the Board’s award of compensation against the District for serious and willful misconduct pursuant to Labor Code section 4553 by reason of the failure of District employees to properly slope or shore up the sides of a trench. 1 The *319 only issue is whether Pacific is required to indemnify the District for this award.

The California Public Entity Special Comprehensive Liability Policy issued by Pacific for the District provides the following coverage:

The policy issued to the District does not provide coverage for liability under workers’ compensation law. The exclusions cover any obligation under coverage A for which the insured may be held liable under any workers’ compensation law. It can only be asserted the coverage is provided by…