Pacific Gas & Electric Co. v. Superior Court

Opinion

SIMS, Acting P. J.

Real party in interest American Guarantee and Liability Insurance Company (American) has sued petitioner Pacific Gas and Electric Company (PG&E) in an action for property damages arising from an industriad power failure that injured its insured, Pac-West Telecomm, Inc. (Pac-West). American seeks not only to recover payments it has paid out to Pac-West, but claims it may recover its insured’s $50,000 deductible although Pac-West is not a named party in this lawsuit.

The trial court denied PG&E’s motion to strike the prayer for recovery of the nonparty’s deductible,…