Legal Opinion

Century Indemnity Co. v. Superior Court

California Court of Appeal

Decided November 13, 1996No. B101063PublishedCited by 11 opinions

1Opinion of the Court

Opinion

ALDRICH, J.

In this case we are called upon to decide whether an action brought by one insurance company against another insurance company to recoup a pro rata share of defense costs expended by the first in defense of their coinsured is governed by the two-year statute of limitations of Code of Civil Procedure section 339 1 as an action not founded on an instrument in writing, or by the four year statute of limitations of section 337.

We conclude the trial court erred when it relied on the court’s decision in Liberty Mut. Ins. Co. v. Colonial Ins. Co. (1970) 8 Cal.App.3d 427 [87…

2Cases cited12 opinions

  1. Montrose Chemical Corp. v. Superior CourtCalifornia Supreme Court · 1993
  2. Comunale v. Traders & General InsuranceCalifornia Supreme Court · 1958
  3. Committee on Children's Television, Inc. v. General Foods Corp.California Supreme Court · 1983
  4. Alcorn v. Anbro Engineering, Inc.California Supreme Court · 1970
  5. CNA Casualty of California v. Seaboard Surety Co.California Court of Appeal · 1986

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

3Cited by11 opinions

  1. Amanda Sateriale v. R J Reynolds Tobacco CompanyCourt of Appeals for the Ninth Circuit · 2012
  2. Employers Insurance of Wausau, a Mutual Company v. Granite State Insurance Company, Employers Insurance of Wausau, a Mutual Company v. Granite State Insurance CompanyCourt of Appeals for the Ninth Circuit · 2003
  3. American States Insurance v. National Fire InsuranceCalifornia Court of Appeal · 2011
  4. Underwriters of Interest Subscribing to Policy No. A15274001 v. ProBuilders Specialty InsuranceCalifornia Court of Appeal · 2015
  5. The FLINTKOTE v. General Acc. Assur. Co. of CanadaDistrict Court, N.D. California · 2007

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

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