Legal Opinion
American Bankers Insurance v. Avco-Lycoming Division
California Court of Appeal
Decided October 16, 1979No. Civ. 18489PublishedCited by 28 opinions
1Opinion of the Court
Opinion
WIENER, J.
A defendant is authorized to file a cross-complaint against a concurrent tortfeasor for partial indemnity on a comparative fault basis, even when the concurrent tortfeasor was not named as a defendant in the original complaint. (American Motorcycle Assn. v. Superior Court (1978) 20 Cal.3d 578, 607 [146 Cal.Rptr. 182, 578 P.2d 899]; referred to in this opinion as AMA.) A settling concurrent tortfeasor is permitted to continue to pursue his right of partial indemnity asserted by a presettlement cross-complaint against a party not named by the plaintiff. (Sears, Roebuck & Co. v.…
2Cases cited12 opinions
- American Motorcycle Assn. v. Superior CourtCalifornia Supreme Court · 1978
- Daly v. General Motors Corp.California Supreme Court · 1978
- E. L. White, Inc. v. City of Huntington BeachCalifornia Supreme Court · 1978
- River Garden Farms, Inc. v. Superior CourtCalifornia Court of Appeal · 1972
- Stowe v. Fritzie Hotels, Inc.California Supreme Court · 1955
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Evangelatos v. Superior CourtCalifornia Supreme Court · 1988
- Pool v. City of OaklandCalifornia Supreme Court · 1986
- Western Steamship Lines, Inc. v. San Pedro Peninsula HospitalCalifornia Supreme Court · 1994
- Fisher v. Superior CourtCalifornia Court of Appeal · 1980
- Alpha Mechanical, Heating & Air Conditioning, Inc. v. Travelers Casualty & Surety Co. of AmericaCalifornia Court of Appeal · 2005
23 more not listed; retrieve them via the Exa API.