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Case Briefs

By Stacie B. Lieberman

An Insurer Can Recover Equitable Contribution Only When That Insurer Pays More Than Its Fair Share

Under the California Court of Appeal's new decision written by Judge H. Walter Croskey, an insurer can recover equitable contribution only when that insurer pays more than its fair share. If an insurer does not pay more than its fair share of defense and/or indemnity costs of a shared insured, that insurer cannot recover equitable contribution from another insurer. This rule applies even if the non-participating insurer has paid nothing. Scottsdale Ins. Co. v. Century Surety Co., No. B204521 (Cal. Ct. App. March 10, 2010).

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