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California Court of Appeal


BLACK DIAMOND ASPHALT, INC. v. SAN JOAQUIN COUNTY SUPERIOR COURT, C042523

Because plaintiff is a non-insurer seeking to make a liability claim in its own name and for its own benefit, Ins. Code section 1063.1(c)(9) neither excludes the claim from coverage nor precludes plaintiff from pursuing a claim for indemnity against the insured of an insolvent insurer.

Appellate Information

  • Decided 12/10/2003
  • Published 12/10/2003

Judges

  • SCOTLAND, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Law Offices of Brunn & Flynn, Roger S. Matzkind and Michael G. Donovan, Modesto, for Petitioner., Gray, York & Duffy, Barry D. Brown, Redwood City, and Thomas Yen for Real Party in Interest.

  • For Appellees:
  • No appearance for Respondent.
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