Topa Ins. Co. v. Fireman's Fund Ins. Companies

Opinion

BAMATTRE-MANOUKIAN, J.

Will a good faith settlement between the issuer of a blanket excess liability policy of insurance and its insureds, with respect to an occurrence assertedly covered by the policy, bar the claim of the issuer of a second excess liability policy, which assertedly covers the same occurrence, against the first insurer, for contribution of a proportionate share of amounts the second insurer is obliged to pay under its policy? The trial court concluded that the settlement would bar the second insurer’s claim; the second insurer appeals. We disagree with the trial…