California Court of Appeal

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Essex Ins. Co. v. Heck, F058139

In an insurer's suit for indemnity against a doctor, who had treated the plaintiff in the underlying personal injury action, trial court's grant of the doctor's motion for summary judgment and an order of an award for expert witness costs is affirmed where: 1) applying the principle of implied waiver, the insurer's act of entering into a settlement of the three lawsuits without identifying its insured or apportioning the payment is so inconsistent with an intent to enforce its right to subrogation so as to induce a reasonable belief it had relinquished that right; and 2) trial court did not abuse its discretion in awarding expert witness fees under section 998 as a discretionary cost item.

Appellate Information

  • Submitted 07/29/2010
  • Decided 07/29/2010
  • Published 07/29/2010

Judges

  • Gomes, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • <a href="http://pview.findlaw.com/view/1451272_1">Frank T. Zumwalt</a>, <a href="http://pview.findlaw.com/view/2019826_1">David A. Depolo</a>