Denning v. Esis Corp.

Opinion

ROTH, P. J.

On August 21, 1981, appellant Stephen Denning filed his first amended complaint against respondents for damages, bad faith and emotional distress, alleging in material part that:

“3. Esis Corporation [is] engaged in the business of writing, selling, adjusting, underwriting and/or administering workers’ compensation insurance benefits within the State of California; and . . . that defendant Garrett Airesearch Corporation is and was, at all material times alleged herein, permissibly self-insured for purposes of workers’ compensation ....

“4. Plaintiff is informed and believes, and upon such information and belief alleges that on or before June 28, 1979, defendants Garrett Airesearch and Esis Corporation entered into a contract and/or agreement whereby defendant, Esis Corporation became obligated to adjust and administer workers’ compensation benefits by and for defendant Garrett Airesearch Corporation and that plaintiff was a third party beneficiary of said contract and agreement.

“5. On or about June 28, 1979, plaintiff suffered injuries arising out of and during the course of his employment as an air conditioning and refrigeration engineer for defendant, Garrett Airesearch Corporation; by reason of said injury, plaintiff became eligible for workers’ compensation benefits and defendant became obligated to provide swift and certain workers’ compensation benefits as required by law.

[948]

“7. Defendants, and each of them, breached their obligations to plaintiff and did not act in good faith and did not deal fairly with plaintiff, but on the contrary, wrongfully, unfairly, unreasonably and in bad faith, failed and refused to provide swift and certain compensation benefits to plaintiff with a conscious disregard for plaintiffs rights and sensibilities.

“9. The conduct of defendants . . . was intentional, and . . . caused plaintiff to become dependent on others for support and subsistence; caused plaintiff to sell or pawn off personal property to maintain a living; caused damage to plaintiffs credit and reputation; and thereby, caused plaintiff to suffer shame, humiliation and great emotional and mental distress.