Western Pac. Ins. Co. v. Farmers Ins. Exchange

This is a contest between two insurance companies to determine liability for claims arising out of an automobile accident. The plaintiff-respondent, Western Pacific Insurance Company, hereafter referred to as Western, settled and paid the claims and initiated this action seeking indemnification from defendant-appellant, Farmers Insurance Exchange, hereafter referred to as Farmers, which had refused a tender of the defense of the claims. It is stipulated that the amounts paid and the attorney fees incurred by Western were reasonable. The dispute revolves about whether Farmers is primarily…