The person entitled to compensation may, irrespective of any insurance or other contract, except as otherwise provided in this division, recover such compensation directly from the employer. In addition thereto, he may enforce in his own name, in the manner provided by this division the liability of any insurer either by making the insurer a party to the original application or by filing a separate application for any portion of such compensation.
Cal. Lab. Code § 3753
Insurance Rights and Privileges
Applied in 4 court decisions — leading case 226 Cal. App. 2d 676 - Fireman's Fund Indemnity Co. v. Industrial Accident Commission (1964)
Most recently applied in 233 Cal. App. 3d 544 - Aetna Casualty & Surety Co. v. Aceves (August 1991)
Enacted by Stats. 1937, Ch. 90.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.