Pacific Employers Insurance v. Diggs

NOURSE, P. J. Plaintiff sued to recover premiums accruing on a policy of workmen’s compensation insurance. The cause was tried to the court sitting without a jury and defendants had judgment on findings that the defendants were not responsible for any portion of the premiums. The appeal rests on these two grounds — that “the evidence is insufficient to support a judgment” and that “the findings of fact ... do not support the conclusions of law.”

The Golden Gate Turf Club executed a contract with Diggs, as supervising architect, and Casson, as supervisor of construction, for the construction of a race track on the club’s property in Albany. The club procured from plaintiff a policy of insurance covering its employees and premiums were estimated on the payroll of the club. Sometime after the club became bankrupt the plaintiff asserted its claim against these defendants on the theory that they were jointly and severally liable for the payment of the premiums.

The trial court found that under a written contract Diggs was employed by the club as its architect and Casson was employed as supervisor of construction and that they were not engaged in the construction of the race track in any other capacity; that the policy of insurance was issued at the request of the club insuring 11 ‘ Golden Gate Turf Club, a corporation & M. I. Diggs & J. A. Casson, jointly or severally’ insuring Golden Gate Turf Club, the defendant, M. I. Diggs, and the defendant, J. A. Casson, against claims which might be made upon them by reason of industrial injuries sustained by their joint employees, if any, engaged in the construction operations in connection with Golden Gate Turf Club; said policy also insured Golden Gate Turf Club against claims which might be made against it by reason of industrial injuries sustained as aforesaid, to the several employees of Golden Gate Turf Club; said policy also insured the defendant, M. I. Diggs, against claims which might be made against him by reason of industrial injuries, sustained as aforesaid, to his several employees; said policy also insured the defendant, J. A. Casson, against claims which might be made [780]against him by reason of industrial injuries, sustained as aforesaid, to his several employees; . . . .

“It is not a fact nor was it a part of said policy that the defendants, or either of them, promised to be responsible for or to pay any premiums due under said policy for work done in connection with said Golden Gate Turf Club or race track, or otherwise.