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Insurance
Workers' Compensation
Reimbursement of Benefits

Security National Insurance Company, as subrogee of All Power Inc. v. United States of America, and Does 1 through 10, inclusive

Published: Jan. 3, 2015 | Result Date: Feb. 11, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 2:13-cv-01594-MCE-CKD Bench Decision –  Dismissal

Court

USDC Eastern


Attorneys

Plaintiff

Stephen N. Cole

Benjamin F. Gallagher


Defendant

Chi Soo Kim
(Office of the U.S. Attorney)


Facts

Security National Insurance Company, as subrogee of All Power Inc., filed a complaint against the United States of America, seeking reimbursement of workers' compensation benefits paid out to All Power employees who were working at Beale Air Force Base.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that it insured All Power. On Oct. 17, 2011, All Power employees were injured while conducting work at the Base. Plaintiff paid indemnity and medical benefits on behalf of the affected workers. Plaintiff then sued defendant, alleging that defendant should be liable for paying off the workers' benefits because the incident was due to defendant's negligence.

DEFENDANT'S CONTENTIONS:
Defendant moved to dismiss the complaint for lack of subject matter jurisdiction due to plaintiff's failure to exhaust administrative remedies.

Result

The court granted the federal government's motion to dismiss without leave to amend.

Other Information

FILING DATE: Aug. 2, 2013.


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