Brianne McLaughlin Take Nothing

         Brianne McLaughlin, Senior Trial Attorney of Gilson Daub’s San Diego office, received a defense Findings and Order (“Take Nothing”) following a binding arbitration on a high exposure death case.  Highly technical legal issues arose after legal heirs filed an Application for Adjudication of Claim for Death Benefits at the Workers’ Compensation Appeal Board in San Diego. The employer had simultaneously filed a parallel civil in San Diego Superior Court action against the broker, insurer and third party administrator for negligence and declaratory relief, under California Insurance Code §11664. Coverage issues tend to favor the insureds, however, in this case Ms. McLaughlin convinced the Arbitrator that the employer had failed to timely renew its workers’ compensation policy and that the insurer was not subject to certain requirements under Insurance Code §11664.