California Court of Appeal
OneBeacon America Insurance Co. v. Fireman's Fund Insurance Co., B209526
In an action for equitable contribution, trial court judgment is reversed in part and affirmed in part where: 1) the right of equitable contribution between insurers is not controlled by the contract between the insured and the insurer but by equitable principles; 2) substantial evidence does not support the trial court's determination that plaintiff's right of equitable contribution from co-insurer ICW arose on May 24, 2002; and 3) substantial evidence does not support the trial court's findings with respect to the dates on which plaintiff's right to equitable contribution from defendant arose.
Appellate Information
- Decided 06/24/2009
- Published 06/24/2009
Judges
- MALLANO, P.J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Musick, Peeler & Garrett, Susan J. Field, Jennifer M. Kokes and David H. Oken, Los Angeles, for Plaintiff and Appellant.
- For Appellees:
- Tressler, Soderstrom, Maloney & Priess, Paul S. White, Dana H. Sheridan and Jeanne S. Kuo, Los Angeles, for Defendants and Respondents Fireman's Fund Insurance Company and National Surety Corporation., Byron & Edwards, Michael M. Edwards, San Diego, and Joyce R. Dondanville, for Defendant and Respondent Insurance Company of the West.