Workers Comp. Fund v. Utah Bus. Ins. Co.
Annotate this CaseAn industrial accident occurred while Employer was insured under two separate workers compensation insurance policies, one with the Workers Compensation Fund (WCF) and one with the Utah Business Insurance Company (UBIC). WCF paid all of Employee's medical expenses and weekly compensation benefits, but when WCF became aware of the overlapping coverage, WCF filed a complaint against UBIC, alleging that UBIC was either solely or jointly liable for Employee's insurance benefits. The district court granted WCF's motion for partial summary judgment. The Supreme Court affirmed, holding that both insurers were liable for Employee's claim, and therefore, WCF was entitled to equitable contribution from UBIC for reasonable past and future costs associated with the claim. Remanded for resolution for the remaining claims.
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