Fireman's Fund Insurance v. Maryland Casualty Co.
65 Cal. App. 4th 1279 | California Court of Appeal | 1998
Holding Summary
Equitable contribution among coinsurers is a distinct doctrine from subrogation and does not require the insured to retain valid claims against the non-contributing insurer; one insurer may recover its pro rata share of defense costs from coinsurers independently.
Equitable contribution exists independently of the rights of the insured.
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