Roth

The employer of an employee injured on the job, after paying workers’ compensation benefits out of its self-insured retention, sought reimbursement from the California Insurance Guarantee Association (CIGA). The trial court denied the requested relief because the employer’s claim was not a “covered claim” under Insurance Code section 1063.1, subdivision (c). The employer contends the court erred in interpreting subdivision (c), because it is not an “insurer” within the meaning of that provision. It also contends that it has a right to proceed directly against the manufacturer of the overhead door that injured the employee.

We disagree on both counts. First, the employer, as a self-insurer for purposes of providing workers’ compensation benefits, is deemed to be an “insurer” providing “other insurance” within the meaning of Insurance Code section 1063.1, subdivision (c)(9). Therefore, its claim is excluded as a “covered claim” and CIGA is not responsible for the amounts paid to the injured employee from the employer’s self-insured retention. Furthermore, to permit the employer to recover the sums directly from the manufacturer of the door, whose insurer was insolvent,…