Truck Insurance Exchange v. Industrial Accident Commission

[36 Cal2d Page 647] This is a proceeding to review a death benefit award in favor of Anna B. Groom, mother of Raymond Groom, deceased, who sustained injury and death on November 28, [36 Cal2d Page 648] 1948, in the course of his employment as a truck driver in the logging business of his employer, Harry P. Sorenson. The commission found that at the time in question petitioner was the insurance carrier for the employer. It is this latter finding that petitioner attacks, contending that its liability under the terms of its compensation insurance policy with the employer had been effectively terminated by the mailing of a notice of cancellation to him more than three weeks prior to the date of the injury. But, as the commission argues, there is uncontradicted evidence in the record of facts constituting an estoppel against petitioner's assertion of the efficacy of its cancellation notice, and upon that basis the commission's finding of liability in making its award against petitioner is not open to successful challenge.