California Court of Appeal

In an action for equitable contribution by a settling insurer against a nonparticipating insurer, the settling insurer has met its burden of proof when it makes a prima facie showing of coverage under the nonparticipating insurer's policy, the same showing of potential coverage necessary to trigger the nonparticipating insurer's duty to defend, and that the burden of proof then shifts to the recalcitrant insurer to prove the absence of actual coverage.

Appellate Information

• Decided 06/22/2006
• Published 06/22/2006

Judges

• VOGEL, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Summers & Shives, Robert V. Closson and Ian G. Williamson, San Diego, for Petitioners., Woolls & Peer, John E. Peer, Los Angeles;  Dunn Koes, Pamela E. Dunn and Daniel J. Koes, Pasadena, for Real Party in Interest., Sonnenschein Nath & Rosenthal, Paul E.B. Glad and David R. Simonton, San Francisco, for the Association of California Insurance Companies, TIG Insurance Company and Fairmont Specialty Insurance Company as Amici Curiae on behalf of Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.