California Court of Appeal

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Dobbas v. Vitas, C061494

In an insurer's suit to recover its payment to the injured parties from a broker who failed to procure or canceled excess liability insurance to cover the insured's ranching operations, arising from an underlying action against the insured for a fatal automobile accident caused by the insured's escaped bull, the trial court's denial of the insurer's request to intervene in the negligence and breach of contract action against the broker is affirmed where: 1) because the insurer would have been responsible for its share of the injury even if the policy promised by the broker had been in place, it is not entitled to reimbursement, but only to apportionment of the loss; and 2) where two parties are contractually bound to provide insurance for the same loss, the payment by one does not create superior equities, rather a right to equitable contribution, and as such, the trial court correctly concluded the insurer has no interest in the action against the insurance agent because the insurer cannot establish the elements of a claim for equitable subrogation.

Appellate Information

  • Decided 01/07/2011
  • Published 01/07/2011

Judges

  • BLEASE

Court

  • California Court of Appeal

Counsel

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