Tokio Marine & Fire Insurance v. Western Pacific Roofing Corp.

Opinion

ZEBROWSKI, J.

The trial court summarily named an insurer as an additional judgment debtor on the judgment in this case. Although the insurer insured a party to this action, the insurer itself was not a party and no basis appears on which it could be summarily named as a judgment debtor. We therefore reverse.

I. Factual and Procedural Background

In 1988, the Department of Water Resources contracted to have its Pearblossom Pumping Plant expanded. In 1991, as the expansion work progressed, a fire occurred, causing extensive damage. Prior to any litigation, an “Interim Funding Agreement”…