California Court of Appeal

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GuideOne Mutual Insurance Co. v. Utica National Insurance Group, D059833

Summary judgment for plaintiff-insurer awarding it equitable contribution in the amount of $600,000 from defendant-insurer, which represented plaintiff's pro rata share of coverage under its own umbrella policy, is reversed, where: 1) plaintiff's insurance policy covered employee, the tortfeasor; 2) defendant's insurance policy covered employer who was only vicariously liable for the actions of the tortfeasor employee; and 3) the trial court erred in awarding plaintiff-insurer equitable contribution from defendant-insurer's umbrella policy, because an employer is only vicariously liable for the actions of the tortfeasor employee, and therefore all of the insurance policies covering the tortfeasor employee, primary and excess, must be exhausted before the umbrella policy of an insurer that covered only the employer must make a contribution.

Appellate Information

  • Decided 02/28/2013
  • Published 02/28/2013

Judges

  • NARES

Court

  • California Court of Appeal

Counsel