California Court of Appeal
CENTURY SURETY CO. v. UNITED PAC. INS. CO., B150373
Where three primary insurers and one excess insurer included "other insurance" clauses in their policies, the excess insurer is liable to contribute on some equitable basis to the defense and indemnity expenses of the three primary insurers. This result is consistent with the public policy disfavoring escape clauses whereby promised coverage evaporates in the presence of other insurance.
Appellate Information
- Decided 06/19/2003
- Published 06/19/2003
Judges
- CROSKEY, Acting P.J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- O'Hara, Nardi & Barnes, LLP, Callie C. O'Hara, Denise Nardi, David T. Hayek and Randel L. Ledesma for Plaintiff and Appellant.
- For Appellees:
- Tressler, Soderstrom, Maloney & Priess, Mary E. McPherson, David Simantob and Rina Carmel, Los Angeles, for Defendant and Respondent Lumbermens Mutual Casualty Company., No appearance for Defendants and Respondents United Pacific Insurance Company and Reliance National Insurance Company.