GOLDEN EAGLE INS. CO. v. INS. CO. OF THE WEST, D038580
In a dispute among insurers for allocation of defense costs of an indemnitee that the insured assumed, the indemnitee's defense costs are sums the insured is legally obligated to pay as damages for property claims, thus each insurer is on the risk assumed by the insured/indemnitor, and no equitable basis exists for shifting the entire burden to the indemnitee's insurer.
- Decided 06/26/2002
- Published 06/26/2002
- California Court of Appeal
- For Appellees:
- Summers & Shives, Martin L. Shives and Peter B. Lightstone, San Diego, for Defendant, Cross-complainant and Appellant., Law Offices of Glenn M. White and Glenn M. White for Plaintiff and Respondent., Lewis, D'Amato, Brisbois & Bisgaard, Peter L. Garchie, San Diego, and Jacqueline S. Vinaccia for Cross-defendant and Repondent.