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California Civil Procedure, Keyed to Levine, 6th Ed.
Fairmont Insurance Co. v. Superior Court
Citation:
22 Cal. 4th 245, 92 Cal. Rptr. 2d 70, 991 P.2d 156 (2000)Facts
Fairmont Insurance Company issued a workers’ compensation insurance policy to Ken Stendell and Ken Stendell Construction, Inc., covering the period from February 6, 1987, to January 1, 1988. On December 9, 1987, one of Stendell’s employees was injured during the course of employment. Fairmont’s attorneys initially appeared for both Fairmont and Stendell in the workers’ compensation proceedings but later claimed the policy had been canceled for nonpayment of increased premiums. The workers’ compensation judge held a hearing without proper notice to Stendell and ruled that Fairmont was not Stendell’s carrier at the time of injury. Stendell then filed a bad faith insurance action against Fairmont in superior court. After trial on bifurcated affirmative defenses, the superior court entered judgment for Fairmont based on res judicata and collateral estoppel. The Court of Appeal reversed, holding that the superior court action could proceed. Following remand, Stendell served basic discovery requests on Fairmont, including requests for production of documents, form interrogatories, specially prepared interrogatories, and requests for admissions. No previous discovery demands had been propounded during the original proceedings.
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