San Francisco Bay Area Rapid Transit District v. National Union Fire Insurance Company

Good Law
United States District Court, Northern District of CaliforniaDecember 27, 20213:20-cv-04468California7,521 words

Opinion

trial_court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SAN FRANCISCO BAY AREA RAPID Case No. 20-cv-04468-EMC

TRANSIT DISTRICT,

8 Plaintiff, ORDER GRANTING DEFENDANTS’ 9 MOTIONS FOR SUMMARY v. JUDGMENT, AND DENYING 10 PLAINTIFF’S MOTION FOR

NATIONAL UNION FIRE INSURANCE SUMMARY JUDGMENT

11 COMPANY, et al., Docket Nos. 76-78, 80 12 Defendants.

13 14 15 I. INTRODUCTION 16 This is an insurance coverage action wherein plaintiff San Francisco Bay Area Rapid 17 Transit District (“BART”) is seeking coverage for a workers’ compensation claim filed by BART 18 employee Michael Gonsolin. Gonsolin was hired as a BART police officer in 1979, and retired in 19 2005. In 2006, he was diagnosed with myeloma, which he alleged arose from the course of his 20 employment with BART. Gonsolin filed a claim with the Worker’s Compensation Appeals Board 21 (“WCAB”) which was settled in December 2007. 22 As part of the settlement, BART and Gonsolin…

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