Legal Opinion

Truck Insurance Exchange v. Unigard Insurance

California Court of Appeal

Decided April 10, 2000No. B127813PublishedCited by 55 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

MASTERSON, J.

Faced with multiple lawsuits, a company tendered the defense of the actions to one of its insurers. After paying defense costs and indemnity, the insurer looked to an alleged coinsurer for contribution. The coinsurer refused to contribute on the ground that it had not been asked to participate in the litigation, by tender of defense or otherwise. This lawsuit followed. The trial court found that the coinsurer was obligated to contribute. We disagree and reverse.

Background

In the late 1980’s and early 1990’s, The Anden Group, a general contractor, worked on several…

2Cases cited36 opinions

  1. Clemmer v. Hartford Insurance Co.California Supreme Court · 1978
  2. Fireman's Fund Insurance v. Maryland Casualty Co.California Court of Appeal · 1998
  3. Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
  4. Foster-Gardner, Inc. v. National Union Fire InsuranceCalifornia Supreme Court · 1998
  5. Isaacson v. California Insurance Guarantee Ass'nCalifornia Supreme Court · 1988

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3Cited by55 opinions

  1. North American Capacity Insurance v. Claremont Liability InsuranceCalifornia Court of Appeal · 2009
  2. Scottsdale Insurance v. Essex InsuranceCalifornia Court of Appeal · 2002
  3. Tradewinds Escrow, Inc. v. Truck Insurance ExchangeCalifornia Court of Appeal · 2002
  4. Safeco Ins. Co. of America v. Superior Ct.California Court of Appeal · 2006
  5. Crowley Maritime Corp. v. Boston Old Colony Ins.California Court of Appeal · 2008

50 more not listed; retrieve them via the Exa API.

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