CA STATECalifornia Court of Appeal
1998

Fireman's Fund Insurance v. Maryland Casualty Co.

65 Cal. App. 4th 1279California Court of Appeal • Decided 1998Enforced

HOLDING

Two insurance companies both covered the same construction company. When a lawsuit arose, Fireman's Fund paid for the defense and settlement costs. Fireman's Fund then sued Maryland Casualty to recover its share of those costs. Maryland argued it didn't have to pay because the insured had already settled with them. The California court ruled that one insurer can demand payment from coinsurers for defense costs without needing the insured to have a valid claim against the other insurer. This matters to subcontractors because it clarifies how insurance companies split costs when multiple policies cover the same project.

KEY FINDINGS

Broad Indemnification

If you're covered by multiple insurance policies, each insurer can be forced to pay its fair share of defense costs even if the insured has already settled with another insurer

Insurance Requirements

Equitable contribution between insurers is separate from subrogation—one insurer doesn't need the insured's permission or remaining claims to recover from coinsurers

FULL COURT OPINION