OneBeacon America Insurance Co. v. Fireman's Fund Insurance Co., No. B209526
In an action for equitable contribution, trial court judgment is reversed in part and affirmed in part where: 1) the right of equitable contribution between insurers is not controlled by the contract between the insured and the insurer but by equitable principles; 2) substantial evidence does not support the trial court's determination that plaintiff's right of equitable contribution from co-insurer ICW arose on May 24, 2002; and 3) substantial evidence does not support the trial court's findings with respect to the dates on which plaintiff's right to equitable contribution from defendant arose.
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APPEAL from a judgment of the Superior Court of Los Angeles County. Ralph W. Dau, Judge. Appeal dismissed as to National Surety Corporation; judgment affirmed in part and reversed in part with directions.
SECOND APPELLATE DISTRICT, DIVISION ONE
Filed June 24, 2009
Before MALLANO, P.J., ROTHSCHILD, J. WEISBERG, J.
Opinion by MALLANO, P.J.
For Plaintiff: Musick, Peeler & Garrett, Susan J. Field, Jennifer M. Kokes and David H. Oken
For Defendant: Tressler, Soderstrom, Maloney & Priess, Paul S. White, Dana H. Sheridan and Jeanne S. Kuo
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