Clark v. California Insurance Guarantee Ass'n

Kenneth Clark appeals from a judgment in favor of the California Insurance Guarantee Association (CIGA). Clark had obtained a judgment in a personal injury action against the insured of a now insolvent insurance company. CIGA paid the underlying damage award but not the costs or interest on the judgment. Clark filed this direct action against CIGA pursuant to Insurance Code section 11580 1 to recover his costs and interest. The trial court granted CIGA’s motion for summary judgment applying the reasoning of San Diego Housing Com. v. Industrial Indemnity Co. (2002) 95 Cal.App.4th 669 [ 116 Cal.Rptr.2d 103 ] (San Diego Housing), which concluded costs and interest that are payable under the policy’s supplemental payments provision are not recoverable by a third party judgment creditor in a direct action against the insurer. Clark contends San Diego Housing is inapplicable to the case at hand. We find no merit to his contentions and affirm the judgment.

*395 FACTS AND PROCEDURE

Underlying Action & Judgment

In June 1999, Clark was injured while working at a construction site. In addition to pursuing a workers’ compensation claim against his own employer, Clark filed a…