California Court of Appeal

In an insurer's suit against another insurer for equitable contribution involving a negligence suit against a general contractor, and a dispute over the relevant policy period, judgment of the trial court is reversed and remanded as, in an action for equitable contribution brought by an insurer who has defended and indemnified an insured against a coinsurer who has not defended or has not indemnified the insured, the participating insurer has met its burden of proof when it makes a prima facie showing of coverage under the nonparticipating insurer's policy, the burden of proof then shifts to the nonparticipating insurer to prove the absence of coverage, which the defendant-insurer has failed to do in this case.

Appellate Information

• Decided 10/06/2010
• Published 10/06/2010

Judges

• SUZUKAWA

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• David A. Tartaglio, Michelle R. Bernard