California Court of Appeal

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Scottsdale Ins. Co. v. Century Surety Co., B204521

In an action against defendant-insurance company seeking equitable contribution based on defendant's failure to participate in the defense of 17 common insureds in hundreds of actions in which plaintiff and another insurer shared the costs of the defense, judgment of the trial court determining the equitable contribution is reversed as it was in conflict with the general rule (now to be applicable in insurance cases) that, in order to be entitled to equitable contribution, a party must have first paid more than its share of the loss and it bears the burden of proving such circumstance.

Appellate Information

  • Decided 03/10/2010
  • Published 03/10/2010

Judges

Court

  • California Court of Appeal

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