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CURRAN v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3772.

156 Ariz. 434 (1988)

752 P.2d 523

Clifford P. CURRAN, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Absolute Air Conditioning, Respondent Employer, Fremont Indemnity Co., Respondent Carrier.

Court of Appeals of Arizona, Division 1, Department D.

March 29, 1988.

Attorney(s) appearing for the Case

Taylor & Schaar by Richard E. Taylor, Phoenix, for petitioner.

Dennis P. Kavanaugh, Chief Counsel The Industrial Com'n of Arizona, Phoenix, for respondent.

Jones, Skelton & Hochuli by Calvin Harris, Melinda K. Kelley, Phoenix, for respondents employer and carrier.

OPINION

FROEB, Presiding Judge.

This is a special action review of an Industrial Commission award for noncompensable claims. Compensability was denied because the applicable workers' compensation insurance covered claims against but not by the insured, a sole proprietor. The central issue on review is whether the insured has a remedy against the compensation carrier for the alleged negligence or deceit of the sub-agent who prepared the application for insurance...

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