Legal Opinion

CD Investment Co. v. California Insurance Guarantee Ass'n

California Court of Appeal

Decided December 27, 2000No. B134895PublishedCited by 25 opinions

1Opinion of the Court

Opinion

MALLANO, J.

In prior litigation, a money judgment was entered against the plaintiffs in this action. To pay the judgment, plaintiffs looked to their insurers, two of which had become insolvent. With respect to those two, plaintiffs sought recovery from the California Insurance Guarantee Association (CIGA), which is required by statute to pay a “covered claim” on behalf of an insolvent insurer, up to a maximum of $500,000. CIGA refused to make any payments, and this action followed.

CIGA contends that there is no “covered claim” because the payments made by the solvent insurers ($1.5…

2Cases cited35 opinions

  1. Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
  2. Broughton v. Cigna HealthplansCalifornia Supreme Court · 1999
  3. Murillo v. Fleetwood Enterprises, Inc.California Supreme Court · 1998
  4. Isaacson v. California Insurance Guarantee Ass'nCalifornia Supreme Court · 1988
  5. In Re Zacharia D.California Supreme Court · 1993

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3Cited by25 opinions

  1. People v. HolfordCalifornia Court of Appeal · 2012
  2. Whaley v. Sony Computer Entertainment America, Inc.California Court of Appeal · 2004
  3. R & R Industrial Park, L.L.C. v. Utah Property & Casualty Insurance Guaranty Ass'nUtah Supreme Court · 2008
  4. Denny's Inc. v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2003
  5. MacKey v. Bristol West Insurance Service of California, Inc.California Court of Appeal · 2003

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