Safeco Ins. Co. of America v. Superior Ct.

Opinion

VOGEL, J.

We hold that in an action for equitable contribution by a settling insurer against a nonparticipating insurer, the settling insurer has met its burden of proof when it makes a prima facie showing of coverage under the nonparticipating insurer’s policy—the same showing of potential coverage necessary to trigger the nonparticipating insurer’s duty to defend—and that the burden of proof then shifts to the recalcitrant insurer to prove the absence of actual coverage.

FACTS

A

Thirteen construction companies purchased commercial general liability insurance from either Safeco Insurance…