California Court of Appeal

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RLI Ins. Co. v. CNA Cas. of California, B184637

A judgment against an excess insurer on an equitable subrogation claim is affirmed where the excess insurer could not maintain a subrogation action against a primary insurer, based on an unreasonable refusal to settle an underlying tort claim, because the tort claim did not go to trial, and no excess judgment was entered against the insured.

Appellate Information

  • Decided 07/07/2006
  • Published 07/07/2006

Judges

  • BOREN, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Pretzel & Stouffer, Daniel G. Wills;  Howard, Loveder, Strickroth & Parker and Michael J. Strickroth, Santa Ana;  Swanson, Martin & Bell, Daniel G. Wills for Plaintiff and Appellant.

  • For Appellees:
  • Cannon & Nelms, Derrick R. Sturm;  Carroll, Burdick & McDonough, Rodney L. Eshelman, Laurie J. Hepler, San Francisco, for Defendant and Respondent.
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